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Is the limit of six weeks to delay a possession order being executed in breach of article 8 of European Convention?

Published:

10 May 2013

The case of Crown Housing Association v Walsh, in which Leon Glenister is acting on behalf of the Claimant landlord, has been transferred to the High Court for determination of whether the Court should make a declaration of incompatibility under section 4 of the Human Rights Act 1998.

The case arises from a possession claim where Crown Housing is handing back a block of properties to the freeholder, and therefore has served notice on residents. A possession order was made, however the tenant sought a stay of eviction beyond the maximum six weeks that a Court can allow under section 89 of the Housing Act 1980.

The tenant has sought to argue that the limit to a Court’s power to stay an eviction beyond six weeks is a breach of her article 8 right. The question has been addressed in Hounslow LBC v Powell [2011] UKSC 8; however the tenant seeks to differentiate dicta in that case.